ROBOCALLS: Montana statute restricting political speech is both underinclusive and overinclusive, not tailored to address State’s compelling privacy interests, does not survive strict scrutiny… Lovell reversed. [Read more…]
Public highway, non-use, abandonment, landlocked
PUBLIC HIGHWAY: Non-use insufficient to prove intent to abandon… disputed road is public highway to beginning of landlocked river parcel… Seeley reversed. [Read more…]
Environment, Gravelly Range domestic sheep grazing
ENVIRONMENT: Appeal of Morris’s partial summary judgment in challenge of Gravelly Range domestic sheep grazing dismissed for lack of jurisdiction (memorandum). [Read more…]
Robocall statute, home peace & tranquility
ROBOCALL STATUTE not violative of free speech in protecting peace & tranquility of the home, §1983 claim dismissed on summary judgment. . . robocaller had standing to bring challenge, not barred by door-closing statute. . . Lovell. [Read more…]
Attorney fees, right to know/participate
ATTORNEY FEES properly awarded under right to know/participate provisions following wolf hunting preliminary injunction… Oldenburg affirmed. [Read more…]
Prescriptive easement, destroyed road
PRESCRIPTIVE EASEMENT properly found over destroyed road, Defendant ordered to restore it… Cybulski affirmed (IOR I-3(d)). [Read more…]
Discovery/sanctions, political disclosure
DISCOVERY: WTP’s challenge of political disclosure/disclaimer statutes/regulations dismissed as sanction for dilatory/evasive discovery, fees/costs related to sanctions motion awarded to State… Sherlock. [Read more…]
Elections, contribution limits, stay
ELECTIONS: Stay pending appeal granted as to Lovell’s ruling that contribution limits by individuals and political committees to candidates unconstitutional. [Read more…]
Elections, Montana contribution limits
ELECTIONS: Montana limits on contributions by individuals and political committees to candidates unconstitutional under 1st Amendment… permanent injunction following bench trial on expedited schedule and [Read more…]
Elections, contribution limits
ELECTIONS: Montana limits on contributions that individuals and political committees may make to candidates unconstitutional under 1st Amendment… permanent injunction following bench trial on expedited [Read more…]